Commis

sioners na

med.

Who shall

CHAPTER XCIII.

An ACT to enable the Governor to incorporate a company for making an artificial road from the bridge on Conewago, through Falmouth, to intersect the Lancaster and Middletown Turnpike Road, at or near Elizabethtown.

SECTION I. BE it enacted by the Senate and House of Representa, tives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel White, James Hopkins, John Wolfley, Jacob Gisch, John Greer, Abraham Gisch, Michael Gundacker, Adam Rigart, Richard Maires, William Guier, Robert Ralston and Jo. seph Smith, are hereby appointed commissioners to do and perform the several duties hereinafter mentioned: That is to say, They shall on or before the first day of October next, procure two books, and in each of them enter as follows: "We whose procure two names are hereunto subscribed, do promise to pay to the president, managers and company, of the Falmouth turnpike road company, the sum of fifty dollars for each and every share of stock in the said company, set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the said president and managers, in pursuance of an act of the General Assembly, of this commonwealth, entitled "An act to enable the Governor to incorporate a company for making an artificial road from the bridge on Conewago, through Falmouth, to intersect the Lancaster and Middletown turnpike road, at or near Elizabethtown." Witness our hands the day of

books.

Entry therein.

Notice to be

the books

are to be

ers to attend.

hundred and

in the year our Lord one thousand eight And shall give notice in two public papers

who shall

given, when in the borough of Lancaster for one calendar month at least, and and where of the times and places when and where the said books will be open to receive subscriptions of stock for the said company, opened. at which respective times and places three of the said commisThree of the sioners shall attend, and shall permit and suffer all persons of commission- lawful age, who shall offer to subscribe in the said books, in their own name, or the name of other any or person persons, Who may duly authorize the same for any number of shares in the said subscribe. stock; and the said books shall be kept open respectively for the purpose aforesaid, at least six hours in every juridical day, for the space of two days, or until the said books, so opened at Elizabethtown Lancaster county, and the city of Philadelphia, shall have one hundred and fifty shares therein subscribed; and if at the expiration of the said two days, the books aforesaid shall not have the number of shares aforesaid therein subscribed, the said whole num- commissioners may adjourn from time to time, and transfer the ber of shares said books elsewhere, until the whole number of shares shall be subscribed, of which adjournments and transfer, the commissiorers aforesaid, shall give such public notice as the occasion may

Books to be kept open two days,

&c.

Books

may be transfer

red if the

be not subscribed;

are subscri

require; and when the whole number of shares subscribed in all and shall be the said books, shall amount to three hundred and fifty, the closed when same shall be closed: Provided always, that every person offer- 350 shares ing to subscribe in the said books in his own, or any other name, bed. shall previously pay to the attending commissioners, the sum of Ten dollars ten dollars for each and every share to be subscribed, out of to be paid on which shall be defrayed the expenses attending the taking such subscribing. subscriptions and other incidental charges, and the remainder

shall be paid over to the treasurer of the corporation, as soon as How approthe same shall be organized, and the officers chosen as hereafter priated. mentioned.

persons or

SECT H. And be it further enacted by the authority aforesaid, That when fifty persons or more shall have subscribed one hundred When fifty and fifty shares of the said stock, the commissioners shall certify more shall under their hands and seals, the names of the subscribers, and have subthe number of shares subscribed by each to the governor, and scribed 150 shares, the thereupon it shall and may be lawful for the governor, by letters commissionpatent, under his hand and the seal of the commonwealth, to ers shall cercreate and erect the subscribers; and if the said subscriptions be tify to the not full at the time, then also those who shall afterwards subscribe governor. Who shall to the number aforesaid, into one body politic and corporate, thereupon in deed and in law, by the name, style and title of "The Pre erect the sident, Managers and Company of Falmouth Turnpike Road:" subscribers into a body and by the said name, the subscribers shall have perpetual suc- corporate. cession, and all the privileges and franchises incident to a corpo- Name and ration, and shall be capable of taking and holding their said capi- style of. tal stock, and the increase and profits thereof, and of enlarging of Privileges the same, from time to time by new subscriptions in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple or for any less estate, all such lands, tenements, hereditaments and estates, real and personal, as shall be necessary to them in prosecution of their works, and of suing and being sued, and of doing all and every other matter and thing which a corporation or body politic may lawfully do.

the corpora

SECT. III. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, as soon as conveniently may be, after said letters patent shall be sealed and obtained, shall Notice to be give notice in two of the public newspapers printed in the bo- given when rough of Lancaster, and elsewhere if occasion requires, of a time tion shall be and place by them to be appointed, not less than twenty days organized. from the publication of the first notice, at which time and place the subscribers shall proceed to organize the said corporation, and shall choose, by a majority of votes of the said subscribers then present, by ballot, to be delivered in person, or by proxy, duly officers to authorized, one president and eight managers, one treasurer be chosen * The word "one," wanting in thè original.

and such other officers as they shall think necessary to conduc the business of the said company for one year, and until such other officers shall be duly chosen; and the said managers so Powers of. chosen, and their successors shall and may make such by-laws rules orders and regulations, not inconsistent with the constitu tion and laws of the United States or of this commonwealth, as shall be necessary for the well-ordering the affairs of the said company, and generally have like powers, authorities and privi leges necessary for carrying on and completing the said turnpike road. and be subject to all the duties, qualifications, restrictions penalties fines and forfeitures, and be entitled to like tolls in pro portion to the distance, as are given and granted to the president managers and company, of the Lancaster, Elizabethtown, and Middletown turnpike road: Provided, That if the company shall not proceed to carry on the said work in three years after the passing of this act, or shall not within seven years afterwards within 3, and complete the said road according to the true intent and meaning finished. of this act, then in either of these cases, all and singular the rights within seven liberties and franchises hereby granted to the said company, shal

Restrictions, &c. imposed upon.

The bridge to be commenced

years.

revert to this commonwealth.

JOHN WEBER, Speaker

of the House of Representatives P. C. LANE, Speaker of the Senate

APPROVED the nineteenth day of March, one thousand eight hundred and ten.

SIMON SNYDER.

what size, &c. the

casks shall

be made.

CHAPTER XCIV.

An ACT, Supplemental to an Act, to prevent frauds in the packing and preserving of Shad and Herring for exportation. SECT. I. BE it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, How and of That from and after the passing of this act, the casks used for packing shad and herring for exportation may be made of any kind of timber, made tight and sufficient to contain the salt and pickle, and hooped with at least fourteen good and substantial hoops, secured at each bilge with three nails or pins, and at each head or chine* hoop with at least three nails. And the casks shall be of the following dimensions, viz. The length of the stave, when in the cask, shall be twenty-seven and an half inches, the head seventeen and an half inches, the bilge twenty inches, and to contain twenty-eight galions, wine measure; every half barrel, containing shad or herring designed for exportation, shall be of the gauge of fourteen gallons, of the mea wine mea sure aforesaid; and each and every barrel or half barrel of shad

Barrels to conta: 28

gallons,

sure.

* "Chime" in the original.

and

with the

of herring designed for exportation, shall be branded with the And shall be initial letter of the Christian name, and, the surname at full branded length, of the person or persons putting up the same, or of the christian and person selling such shad or herring, under the penalty of sixty surname of seven cents for each and every barrei sold and delivered, not the seller. branded as aforesaid. And in case the aforesaid barrels or half Penalty for neglecting barrels of shad or herring, not being branded as aforesaid, and the same. after the fine being paid, the aforesaid inspector may brand In that căst them with his name, in the manner aforesaid; for which he the Inspecshall demand and receive, from the person or persons selling tor may the same, the sum of six cents:

brand, &c. Fee allowed SECT. II. And be it further enacted by the authority aforesaid, him thereThat herring designed for exportation or transportation may be for. exported in tight casks, if sound and merchantable, well packed and secured with a proper quantity of dry salt; every barrel or half barrel of shad or herring designed for exportation or transportation shall, before the sale, exportation or transportation thereof, be carefully inspected and examined by the inspector of salted provisions for the time being, who shall pass as mer- Shad and chantable, and brand with the lawful brand for salted provisions herring de of this commonwealth, each and every barrel or half barrel, be- signed for exportation ing of the materials and dimensions herein before directed, and shall be indescribed, and which shall respectively contain the proper quan- spected &c. tity of sound and merchantable shad or herring, and be secured And brandin the manner aforesaid; and the said inspector for the time be- ed. ing shall erase, and effectually deface, the brand mark or marks Brands to be off and from each and every barrel or half barrel, containing shad or herring designed for exportation or transporta- merchanta tion as aforesaid, which shall not be of the dimensions, and ble &c. made in the way herein beforementioned; and which shall not be of the quality, and packed and secured in the manner herein before directed and described. And if the same cannot be ren- If the same dered merchantable, according to the requisitions and meaning cannot be of this act, by salting, pickling, repacking and coopering thereof, merchantathen the said inspector for the time being shall impress and ble by rebrand a distinct mark of a cross, thus; (each stroke of the Packing &c. said cross being at least two and an half inches in length) upon branded on one head of each and every barrel or half barrel, containing the cask. shad or herring, so as aforesaid incapable of being rendered merchantable.

erased if the

fish be not

rendered

ax to be

SECT. III. And be it further enacted by the authority aforesaid, That all and every person or persons, who shall sell and deliver any barrel or half barrel of shad or herring for exportation or transportation, to the purchaser or purchasers thereof, Penalty for before the same has been duly examined by the inspector for selling fish salted provisions, and branded with the lawful brand for salted before they provisions of this commonwealth, in the manner herein before inspected: directed, or who shall lade or ship on board any vessel or vesi

R

have been

sels, for exportation or transportation out of this state, or who shall refuse to allow or suffer the said inspector in the cases aforesaid to erase, and effectually deface the brand, mark or marks off and from every barrel or half barrel of shad or herring, and if need be to impress and brand thereon the said mark of a cross as aforesaid, shall forfeit and pay for each and every barrel or half barrel so sold and delivered, and for each and every barrel or half barrel so laden or shipped on board any vessel or vessels as aforesaid, and for each and every barrel or half barrel from which he, she or they shall refuse to allow or suffer the said brand mark or marks to be erased and effectually defaced as aforesaid, and for each and every barrel or half barrel whereon he, she or they do refuse to allow and suffer the said mark of a cross to be impressed and branded as aforesaid, the sum of one dollar and thirtythree cents; and all and every person or persons who shall, by And for era- any means whatsoever, wilfully erase or deface the said mark sing the of a cross, after the same has been duly impressed and branded by the said inspector upon any barrel or half barrel as aforesaid, shall forfeit and pay the sum of twenty dollars for each and every barrel and half barrel off and from which the said mark of a cross shall be erased or defaced; the said sums of money or forfeitures to be recovered and applied in the manner hereinafter provided and declared.

marks of inspection.

&c.

And for filling up and heading ten

cents.

SECT. IV. And be it further enacted by the authority afore said, That the said inspector for the time being shall and may lawfully demand, receive and take from the person or persons 53 cents to selling the same, the sum of thirty-three cents for each and be allowed to every barrel or half barrel of shad or herring he may repack; the inspector and for each and everv barrel or half barrel of shad or herring for repacking he shall fill up and head the sum of ten cents; and for each and every barrel or half barrel of shad or herring sold at, and exported from the port of Philadelphia, the customary allowance and compensation for the expense and trouble of cooperage in putting the same into good and merchantable order and condition: Provided, That it shall and may be lawful to and for the owner, owners, or sellers of such shad or herring to employ any person or persons, other than the said inspector for the time being, to do, execute and perform the cooperage necessary to put the same in good and merchantable order and condition as aforesaid; and in that case the said inspector for the time being shall not be entitled to have or receive any allowance or compensation whatever for or on account of said cooperage.

Proviso.

1

SECT. V. And be it further enacted by the authority aforeUnexported said, That each and every barrel and half barrel of shad or her fish to be ex- ring inspected and branded as aforesaid shall, if lying on hand, amined every unsold and not exported from the aforesaid port of Philadel six months. phia for six months from and after such inspection and brand